Curated research library of TV news clips regarding the NSA, its oversight and privacy issues, 2009-2014

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Primary curation & research: Robin Chin, Internet Archive TV News Researcher; using TV News Archive service.

Speakers

Patrick Leahy
U.S. Senator, Judiciary Committee Chairman
CSPAN 07/31/2013
Leahy: As I understand the government believes that every domestic phone record is relevant to a terrorism investigation and can be obtained using section 215 of the Patriot Act. I understand the FISA court agrees with that interpretation. But you then place restrictions on how it can be used once you’ve collected it . But I don’t understand what limits there might be under this theory. Couldn’t you invoke under section 215 to obtain
Patrick Leahy
U.S. Senator, Judiciary Committee Chairman
CSPAN 07/31/2013
Leahy continued 1: virtually all available commercial data. America’s phone records are relevant. How about our credit card records? What sites we go one on the internet? What we may bookmark? Our medical records that we have on computer? Our firearms records.
Patrick Leahy
U.S. Senator, Judiciary Committee Chairman
CSPAN 07/31/2013
Leahy continued 2: all those things available? Cole: I think there’s two important points here. Number one is that the only way the court finds these relevant is in the context of the restrictions and in features the context of what it is you’re looking for. So you have to take all of those features of this phone record process into account of, how can it be done? How reasonably can it be done, what is the need for speed?
Patrick Leahy
U.S. Senator, Judiciary Committee Chairman
CSPAN 07/31/2013
Cole continued: What is the need to integrate all the different records that are coming together? And finds only when you look at that entire mix, that this kind of program with these restrictions. To your question, you would have to make that same showing for those other kinds of records as to the need for that breadth and the need for those restrictions. Leahy: if our phone records are relevant, why wouldn’t our credit card records? Wouldn't you like to know if somebody’s buying fertilizer used in bombs?
Patrick Leahy
U.S. Senator, Judiciary Committee Chairman
CSPAN 07/31/2013
Cole: I may not need to collect everybody’s credit card records in order to do that. Because again, we’re not collecting all their phone records so that we can wander through them and it’s only the phone records being done to look at the connections. If somebody’s buying things that could be used to make bombs, of course we would like to know that but we may not need to do it in this fashion. Leahy: Dr. Clapper said it would
Patrick Leahy
U.S. Senator, Judiciary Committee Chairman
CSPAN 07/31/2013
Leahy continued 1A: notify Congress before obtaining cell phone location information under this program. But is there any legal impediment to expanding the program for cell phone location? Cole: I don’t believe there would be a legal impediment. And yesterday the 5th circuit issued a ruling that goes to that issue but the legal impediments are not the only issues that you take into account here. Leahy: I understand
Patrick Leahy
U.S. Senator, Judiciary Committee Chairman
CSPAN 07/31/2013
Leahy: this is a debate that several of us on this committee and both parties have been trying to have for years. I will get the classified briefings but then of course you cannot talk about them. A lot of these things that should be and can be discussed. And if we're going to have the debate that the president called for and the executive branch has been a full partner.
Patrick Leahy
U.S. Senator, Judiciary Committee Chairman
CSPAN 07/31/2013
Leahy: We need straight forward answers. I am concerned we’re not getting them. Just recently the Director of National Intelligence acknowledged he provided false testament about the NSA surveillance program during a senate hearing in march. His office had to remove a fact sheet from it’s web site after concerns were raised about it’s accuracy. I appreciate it is difficult talking about classified programs in public settings. The American people expect and deserve honest answers it’s all been far too difficult to get a straight answer about the effectiveness (of the phone records program)
Patrick Leahy
U.S. Senator, Judiciary Committee Chairman
CSPAN 07/31/2013
Leahy continued: privacy implications. The phone records of all of us in this room, all of us in this room, reside in an NSA database. I have said repeatedly just because we have the ability to collect huge amounts of data does not mean that we should be doing so. Fact is it has been reported that the bulk collection of internet meta- data was shut down because it failed to produce meaningful intelligence.
Patrick Leahy
U.S. Senator, Judiciary Committee Chairman
CSPAN 07/31/2013
Leahy: We need to take an equally close look at the phone records program. This program is not effective. It has to end. So far I am not convinced by what i have seen. I am sure we will hear from witnesses who say this -- these programs are critical .Have been identified to connect the so called dots. There is always going to be dots to collect and analyze and try to connect. The government is
Patrick Leahy
U.S. Senator, Judiciary Committee Chairman
CSPAN 07/31/2013
Leahy continued: already collecting data on millions of innocent Americans on a daily basis. Based on a secret legal interpretation of the statute that does not appear to authorize this kind of bulk collection. So what is going to be next? When is enough ? I think Congress has to carefully consider the powerful surveillance tools that we grant the government and have to ensure that there is stringent oversight and accountability and transparency. This data should not be limited to those surveillance programs about which information was leaked.
Patrick Leahy
U.S. Senator, Judiciary Committee Chairman
CSPAN 07/31/2013
Leahy continued: That is why i have introduced a bill that addresses not only section 215 and section 702, but also national security letters, roving wiretaps, other authorities on the Patriot Act. And we’ve seen in the case of reform, the Protect of Americans Privacy is not a partisan issue. I think Senator Lee of Utah and others for their support of my FISA bill. I hope others will join that effort.
Patrick Leahy
U.S. Senator, Judiciary Committee Chairman
CSPAN 07/31/2013
Leahy & Inglis: Leahy: You have to have a certain amount of trust but don’t you have people doubled checking what somebody is doing? Inglis: We do, sir. Leahy: Who double checked Mr. Snowden? Inglis: There are checks at multiple levels, there are checks in terms of what an individual might be doing at any moment in time. There are. Leahy: you obviously failed. Inglis: in this case I think we can say that they failed but we do not yet know where. Leahy: You think you can say they failed. I mean he’s sitting over at the airport in Russia with millions of items . Inglis: I would say that uh with the benefit of what we know now they did fail but we do not know where precisely they failed. We may find
Patrick Leahy
U.S. Senator, Judiciary Committee Chairman
CSPAN 07/31/2013
Leahy & Inglis: Inglis: We will hold them accountable. Leahy: Are you taking any steps now to make sure such a screw up doesn’t happen again? Inglis: we have instituted a range catch someone who might want to repeat what Mr.. Snowden did. There are many other ways that someone might try to beat the system. Leahy: you can understand why some people have used the old expression, locking the door after the horse has been stolen?
Patrick Leahy
U.S. Senator, D-VT Chairman, Senate Judiciary Committee
KPIX 08/16/2013
Andrews: the fact that there were thousand of (NSA) privacy breaches stunned many members of Congress, including Senator Patrick Leahy of Vermont. Leahy: I want to know if, whether it's NSA or anybody else, has made a mistake, we ought to know that. If they're tapping into people's telephones where they have no right to, we ought to know that.
Nancy Pelosi
Minority Leader, House of Representatives
MSNBCW 08/16/2013
Melvin: Senate judiciary chairman Pat Leahy says he plans to hold another hearing on the NSA surveillance program. (Former) House speaker Nancy Pelosi called the report, quote, "extremely disturbing" in a statement saying in part, “Congress must conduct rigorous oversight to ensure that all incidents, all incidents, of noncompliance are reported to the oversight committees and the FISA court in a timely and comprehensive manner and that appropriate steps are taken to ensure violations are not repeated.” The report stems from an NSA audit obtained by the post from leaker Edward Snowden.
Patrick Leahy
Senator, (D-VT) chairman, Judiciary Committee
CSPAN2 10/02/2013
Would you agree that the 54 cases that keep getting cited by the administration were not all plots, and of the 54 – only 13 had some nexus to the U.S. Would you agree with that? Yes or no. Alexander: Yes.
Patrick Leahy
Senator, (D-VT) chairman, Judiciary Committee
CSPAN2 10/02/2013
In our last hearing, Deputy Director Inglis’s testimony stated that there is only one example of a case where, but for the use of Section 215 bulk phone records collection, terrorist activity was stopped. Is Mr. Inglis right? Alexander: He is right. I believe he said two, Chairman. I may have that wrong but I think he said two. And I would like to point out it could have only applied…
Patrick Leahy
Senator, (D-VT) chairman, Judiciary Committee
CSPAN2 10/02/2013
We get far more in the newspaper and we get a crossword puzzle too but we get more in the newspapers than we do in the classified re-things that you give us. According to the article the NSA associates and locates Americans now if it's accurate it appears to contradict earlier representation that the NSA does not compile dossiers of files on the wrecking people.
Patrick Leahy
Senator, (D-VT) chairman, Judiciary Committee
CSPAN2 10/02/2013
Is the NSA compiling profiles or dossiers of the American people? Clapper: In every case for valid foreign intelligence purposes. Let me go to General Alexander. Alexander: Those reports are inaccurate and wrong. Leahy: So the New York Times is wrong in its article? Alexander: Absolutely. Here are the facts. What they have taken is the fact that we do take data to enrich it. What is not in front of the statements is the word foreign. Foreign information to understand what the foreign nexis is of the problems that we are looking at.
Patrick Leahy
Senator, (D-VT) chairman, Judiciary Committee
CSPAN2 10/02/2013
What if anything is accurate in the New York Times article? Alexander: the accuracy is that Secretary of Defense and the Attorney General did approve the supplemental procedures governing communications metadata analysis in 2009. What that allows us to do is use metadata that we have acquired under executive order 12333, and chain, whether it's phone records or e-mails, through U.S selectors to figure out social networks abroad.
Patrick Leahy
Senator, (D-VT) chairman, Judiciary Committee
CSPAN2 10/02/2013
Is what you're doing being reviewed by the FISA court? Alexander: Not in all cases. Some of these cases that deal with executive order 12333 are not reviewed by the FISA Court. Those that fall under business records 215, 702, 3 and 4 would be. So these would not be reviewed, but they are reviewed by the administration and audited by our people.
Patrick Leahy
Senator, (D-VT) chairman, Judiciary Committee
CSPAN2 10/02/2013
There has to be limits on the surveillance powers we give to the government. Just because something is technologically possible and just because something may be deemed technically legal does not mean it is the right thing to do.
Patrick Leahy
Senator, (D-VT) chairman, Judiciary Committee
CSPAN2 10/02/2013
This summer many Americans learned for the first time section 215 of the U.S. Patriot Act that for years has been secretly interpreted to authorize the collection of Americans’ phone numbers on an unprecedented scale. The American public also learned more about the government's collection of internet content data through the use of section 702 of FISA. Since the committee’s last hearing on these revelations in late July we have learned a great deal more.
Patrick Leahy
Senator, (D-VT) chairman, Judiciary Committee
CSPAN2 10/02/2013
We have learned the NSA has engaged in repeated, substantial, legal violations in its implementations of both Section 215 and section 702 of FISA. For example the NSA collected, without a warrant, the content of tens of thousands of –emails of wholly innocent Americans.
Patrick Leahy
Senator, (D-VT) chairman, Judiciary Committee
CSPAN2 10/02/2013
NSA violated a FISA Court order by regularly searching Section 215 phone records database without meeting the standards imposed by the Court. These repeated violations led to several reprimands by the FISA Court for what the FISA Court called a systemic noncompliance by the government. The Court has also admonished the government for making series of substantial misrepresentations to the Court.
Patrick Leahy
Senator, (D-VT) chairman, Judiciary Committee
CSPAN2 10/02/2013
The government has not made its case in bulk collection of domestic phone records is an effective counterterrorism tool especially in light of the intrusion on American privacy. In addition I actually find the legal justification for this bulk collection to be strained, at best. Looked at the classified list of cases involving section 215 and I found to be unconvincing.
Patrick Leahy
Senator, (D-VT) chairman, Judiciary Committee
CSPAN2 10/02/2013
The Deputy Director of the NSA himself acknowledge that, at our last hearing a couple of weeks ago, there is no evidence Section 215 phone records collection have thwarted dozens, or even several, terrorist plots.
Patrick Leahy
Senator, (D-VT) chairman, Judiciary Committee
CSPAN2 10/02/2013
We all agree we have to ensure our nation's security. We also have to restore the trust of the American people in our intelligence community. Fundamentally we have to protect the liberties that have kept us great in a diversified democracy and the envy of countries around the world because of our democracy
Patrick Leahy
Senator, (D-VT) chairman, Judiciary Committee
CSPAN2 10/02/2013
Leahy: Is what you're doing being reviewed by the FISA court? Alexander: Not in all cases. Some of these cases that deal with Executive order 12333 that fall under the business records 215, 3 &4 would be. These would not be reviewed but they are reviewed by the administration and audited by our people. Leahy: My time is up. You have raised well – Other Senator: one of the problems we have is this -- with this program is there is not enough transparency. Leahy: Thank you. I worry. You say it's executive authority not FISA court authority. Does anybody have oversight of other than the executive branch? congress too.>> Has this been reported to the congress either the Intelligence (committee's? )
Patrick Leahy
U.S. Senator, Judiciary Committee Chairman
CSPAN 12/11/2013
Leahy: it's reportedly gathering information -- or communications information from online gaming sites. The stories suggest the activities are directed abroad. We know the NSA was making plans to obtain cell site location information under section 215. We also know that the NSA engaged in bulk collection of internet meta data under the FISA PEN Register statute.
Patrick Leahy
U.S. Senator, Judiciary Committee Chairman
CSPAN 12/11/2013
Leahy: It suggests to me under that kind of legal interpretation of FISA the NSA could collect the same massive amounts of information domestically that this recent stories suggests they're collecting abroad.
Patrick Leahy
U.S. Senator, Judiciary Committee Chairman
CSPAN 12/11/2013
Leahy: But under the current law, 90 would the NSA be able to restart the bulk collection of internet data? Litt: if the nsa and the department of justice were able to make a showing to the FISA court that the collection of internet meta data in bulk, which, of course, is a category of information that's not protected by the fourth amendment, that if it were relevant to an authorized investigation and could convince the FISA court of that, then, yes, it would be authorized.
Patrick Leahy
U.S. Senator, Judiciary Committee Chairman
CSPAN 12/11/2013
Leahy: So to restart the bulk collection of internet data, would you have to go to the court? Litt: I believe we would. Leahy: Mr. Cole? Cole: Yes, Mr. Chairman. Under the FISA statute, i think you would have to get court authority just like you would under 215 to be able to do that. And that would only last for a period of time. it would have to be renewed periodically. there's no active authority for it right now.
Patrick Leahy
U.S. Senator, Judiciary Committee Chairman
CSPAN 12/11/2013
Leahy: The FISA pen register statute authorize you to obtain all internet meta data, not just e-mail meta data? Cole: I think that is correct. Again, it would be limited to the meta data in that regard.
Patrick Leahy
U.S. Senator, Judiciary Committee Chairman
CSPAN 12/11/2013
Leahy: the only limitation (under the FISA pen register statute) would be that it would be meta data? Cole: It cannot be content. In the latest order of the FISA court under 215, it specifically excluded cell site location as well. Litt: I was going to add only that you'd have to show that the categories of meta data that you're seeking was, in fact, relevant to the authorized investigation.
Patrick Leahy
U.S. Senator, Judiciary Committee Chairman
FOXNEWSW 12/11/2013
Leahy: We give up too much privacy in this country and frankly I worry about giving up too much. Herridge: Citing new leaks, including a Washington Post report alleging the NSA is tracking web traffic using cookies, your computers version of an id card. The Committee’s Democratic Chairman said his legislation to scale back data collection is needed now, not later. Leahy: I'm worried as technology gets greater and greater, the temptation whether it is this administration, the next administration or the administration after that, to people who misuse it.
Patrick Leahy
U.S. Senator, (D-Vermont) Judiciary Committee Chairman
CSPAN2 03/11/2014
Leahy: I’ve had the privilege of serving in this body now my 40th -- 40th year. I've heard thousands of speeches on this floor. I cannot think of any speech by any member of either party as important as the one the Senator from California just gave. What she is saying is if we're going to protect the separation of powers and the concept of congressional oversight, then she has taken the right steps to do that.
Patrick Leahy
U.S. Senator, (D-Vermont) Judiciary Committee Chairman
CSPAN2 03/11/2014
Leahy: I think back, Mr. President, the very first vote i cast in this body was for the Church Committee, which went into the excesses of the C.I.A. and others of our agencies, everything from assassinations, to spying on those who were protesting the war in Vietnam. There was a famous George Tames picture, where then chairman of the armed services committee, John Stennis was berating Senator Frank Church for proposing this committee saying that he, Senator Stennis, could find out what he wanted to find out but didn't really want to know everything. I was standing behind George Stennis when he took that picture in my first caucus.
Patrick Leahy
U.S. Senator, (D-Vermont) Judiciary Committee Chairman
CSPAN2 03/11/2014
Leahy: There was pressure on our junior members, new members, I was the most junior member of the senate at the time, not to vote for the Church Committee. Senator Mike Mansfield told me, as Senator Fritz Mondale, as did others, that the Senate is bigger than any one senator. We come and go. The Senate lasts. If we do not stand up for the protection of the separation of powers and our ability to do oversight, especially when conduct has happened, that is in all likelihood criminal conduct on the part of a government agency, then what do we stand for?
Patrick Leahy
U.S. Senator, (D-Vermont) Judiciary Committee Chairman
CSPAN2 03/11/2014
Leahy: We are supposed to be the conscience of the nation. The Senator from California, Senator Feinstein, has spoken to our conscience, to every one of us, 100 senators, men and women, both parties. She has spoken to our conscience now let's stand up for this country. Let's stand up as United States senators should and as the Senator from California has.
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